DR. BANWARI LAL Vs. RIMJHIM & ANR.

JUDGEMENT

(1.) With the consent of learned counsel for the parties the revision petition itself is finally heard.

(2.) The petitioner, who is father of the respondent, has filed this Criminal Revision Petition under Sec. 397 read with Sec. 401 Cr.P.C. against the order dated 11.5.2015 passed by the Judge, Family Court, Sikar in Criminal Misc.Case No.798/2013 whereby the learned Court below allowed the application filed by the respondent under Sec. 127 Cr.P.C. and by modifying the order dated 20.3.2004 passed by the Additional Chief Judicial Magistrate, Sikar in Criminal Case No.25/2003 granted Rs. 5,000.00 per month as maintenance till the marriage of the respondent or she becomes capable to earn her own independent income. It was further directed that any amount of maintenance already paid by the petitioner to the respondent shall be set-off.

(3.) Brief relevant facts for the disposal of this revision petition are that respondent, who is daughter of the petitioner, filed an application under Sec. 125 Crimial P.C. before Additional Chief Judicial Magistrate, Sikar and claimed an amount of Rs. 6200.00 per month as maintenance from the petitioner. The application filed by the respondent was allowed by the aforesaid Court vide order dated 20.3.2004 and it was ordered that the petitioner shall pay Rs. 2,000.00 per month as maintenance to respondent from 22.2.2003 i.e. the date on which application under Section 125 Crimial P.C. was filed and this amount shall be paid till the date on which the respondent attains majority. Thereafter, an application under Sec. 127 Crimial P.C. was filed by the respondent on 22.12.2012 before the same Court with a prayer to modify the order dated 22.3.2004 in the manner that the amount of maintenance may be ordered to be paid to her till her marriage. Reply to the application was filed by the petitioner with a prayer to dismiss the application by the reason that the Court is not empowered to modify the aforesaid order. It is to be noted that application filed by the respondent was transferred from the Court of Additional Chief Judicial Magistrate to Family Court, Sikar and learned Family Court allowed the application filed by the respondent vide impugned order dated 11.5.2015.